ELR Citation: 54 ELR 20062
No(s). 6:15-cv-01517-AA (D. Or. Apr 19, 2024) (Aiken, J.)

A district court denied the Biden Administration's motion to stay an ongoing climate change lawsuit brought by 21 young people. The U.S. government argued the suit must be stayed because there was a substantial likelihood the Ninth Circuit would grant its petition for mandamus. The court found the government did not meet its burden to show a likelihood of success on the merits necessary to support its motion because (1) it had other means, such as a direct appeal, to obtain the desired relief; (2) it did not address its own conduct delaying the normal course of litigation—including 14 motions to stay—and its request would only lead to more judicial waste; and (3) it did not show that the district court erred when it granted plaintiffs' previous motion for leave to amend. Further, it could not discern any public interest in supporting the motion because the government had repeatedly delayed the suit from reaching the evidentiary phase for nearly 10 years, and granting a stay would only add to this delay. The court denied the motion.